A World Without Moral Responsiblity?

How are moral responsibility and mental responsibility the same and why are some people not morally responsible because they are not mentally responsible? Those are the two main questions I came up with as we discussed Strawson in class. Strawson believes there is an intrinsic link between mental responsibility and moral responsibility such that without the former the latter cannot exist. Similarly Dr. Dorothy Lewis, a psychiatrist who studies serial killers and criminals, has found a link between the mental state of serial killers and moral responsibility. She, like Strawson, believes that certain people are not morally responsible for their actions.

In his ‘Basic Argument,’ Galen Strawson argues that a person needs be in a certain mental state in order to be morally responsible for their actions. He believes a person must have a mental reason for their actions and they must be mentally responsible for themselves (6). Strawson relies heavily on the mental state of a person to establish moral responsibility. Similarly, Dr. Dorothy Lewis believes that a serial killer is responsible for their actions if they experience abuse, mental illness(es), and brain damage. Only after fulfilling all three criterions, can Dr. Lewis diagnose someone as not being morally responsible for their actions. Dr. Lewis’ rationality aligns with Strawson’s idea that causa sui – cause of itself – is not possible. External forces push on a person and lead to unfortunate circumstances. Dr. Lewis states that murderers are made and not born (“Mind of A Murderer”). Their crimes are not because of them, but because of the abuses they experience and the damages they incur.

Both claim that people are not morally responsible for their actions, however, if they are not responsible them what happens to our legal system? If Ted Bundy or Jeffrey Dahmer are not morally responsible for their actions because they may have brain damage, a mental illness and a history of abuse, then who do we hold responsible for the lives they took? Our society would crumble if prosecutors decided that certain people have broken mental states and are not responsible for lives they take. The question then becomes, do those killers live freely in society since they are not prosecutable or do they go off to facilities with others who are not mentally responsible for themselves? Do we create an alternative world so they can live without moral responsibility while we continue to prosecute people here who are morally responsible? Dr. Lewis gives her three-prong test to establish moral responsibility, but what if those are not enough or too many; where do we draw the line at whom is morally responsible and who is not? No one would ever have a reason to take responsibility for their actions.

There is also a link between moral responsibility and legal responsibility. In most cases, when an action is illegal it is also immoral. What would become of our society if murder were no longer immoral for a certain section of the population, would our laws change to suit that new moral standard? Would the society have to redefine morality? If that were the case, would murder then not become a moral standard for those who are not mentally responsible? Then, would we have to open all of the prisons in the world and release those who pass these new tests to determine who is and is not morally responsible? What would become of their punishments and what punishments would the society dole out for those who are morally responsible (by the new standard)? As these questions demonstrate, the legal and moral standards of a society would have to change to incorporate this new population that is not beholden to the same legal or moral responsibilities as the rest of the world if we allow others to not be morally responsible for their actions.

Links:

http://avaxhome.ws/video/Format/documentary/BBC_Mind_Of_A_Murderer.html

An Arbitrary Law

In chapter 2 of Arguing About Law, Altman differentiates between an arbitrary government and a government that follows the rule of law.  An arbitrary government creates arbitrary laws to do whatever they want. In contrast a government following the rule of law follows strict regulations and is conscious of morality in their legislature.

Arbitrary laws are dangerous, they can endanger the lives of others and is patronizing since it allows the government to decide how the citizens should live. It also robs certain citizens of moral liberties every person should have. The new Arizona conception law is not medically sound since it implies that conception starts from the end of a woman’s last menstrual cycle and not from when the egg is fertilized. The bill reduces the time allowed to a woman to make a choice about her own body in an already restrictive state, since there are very few clinics that can perform abortions in Arizona as it is. In addition to Arizona outlawing abortions after 20 weeks, if in the 18th week a woman finds out that her fetus suffers from a fatal disease she will be forced to deliver a dead baby or one that will die soon under Arizona’s new law. The new law is problematic since it arbitrarily decides conception and adds two weeks a woman’s pregnancy; those two weeks are the difference between an abortion (for health, mercy or any other reason). The new law is an arbitrary one and one that is not medically proven enough. If a woman challenges the law so that she can abort her child in the 19th week since conception, but the new law would consider it the 21st week, the judge will have to decide when conception beings.

An arbitrary law like this one that uses false sciences to decide how a person can use their own body takes away a person’s free will and changes the society from a democracy to a dictatorship. If the government can decide when a child is conceived, why can they not then create a law deciding that death comes two hours after being shot by a gun? If pregnancy begins two weeks before conception then why can a person not take a month off work claiming they were sick three weeks before they got the flu? These examples are silly, but they demonstrate how slippery a slope it is to use science in a false way to justify stealing a set of people’s liberties to serve a political (and most times religious) purpose.

Article explaining the law: http://www.azcentral.com/arizonarepublic/news/articles/2012/07/02/20120702arizona-abortion-fetal-defect-cases.html

Actual Arizona house bill: http://www.azleg.gov/legtext/50leg/2r/bills/hb2036s.pdf